cert petition

Littlefield v. DOI Cert Petition

Matthew L.M. Fletcher

Here:

Littlefield Cert Petition.pdfDownload

Questions presented:

Whether the decision of the court of appeals conflicts with Carcieri?

Lower court materials here.

SCOTUS Denies Cert in McCarren Act Issue re: Klamath River

Matthew L.M. Fletcher

Here is today’s order list.

The petition in Klamath Irrigation District v. Bureau of Reclamation is here.

The BOR is here.

Reply is here:

Klamath II Reply Final.pdfDownload

Federal Brief in Opposition in Klamath River Matter [McCarren Act]

Matthew L.M. Fletcher

Here is the brief in Klamath Irrigation District v. Bureau of Reclamation (No. 23-216):

BOR.pdfDownload

Petition is here.

SCOTUS Denies Two Indian Law Cert Petitions

Matthew L.M. Fletcher

Here is today’s order list.

The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.

Second Klamath Irrigation District v. Bureau of Reclamation Cert Petition [McCarren Act Issues]

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Question presented:

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.

The first petition is here.

Bird v. Three Affiliated Cert Petition [sovereign immunity]

Matthew L.M. Fletcher

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Bird Cert Petition.pdfDownload

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

Bird CA8 Brief.pdfDownload
MHA Nation CA8 Brief.pdfDownload
Bird CA8 Reply.pdfDownload

District court materials here.

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.

SCOTUS Denies Cert in Challenge to Spokane Tribe Water Agreement

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Sulgrove v. Spokane Indian Tribe.

Lower court materials here.

This has nothing to do with this case.

SCOTUS Grants LDF v. Coughlin

Matthew L.M. Fletcher

Here is the order.

Cert stage briefs here.

Merits Stage Briefs in Arizona v. Navajo Nation/Dept. of the Interior v. Navajo Nation

Matthew L.M. Fletcher

Here:

All this water is Navajo.
Interior Brief.pdfDownload
Arizona Merits Brief.pdfDownload
Colorado Merits Brief.pdfDownload
Western Water Users Amicus.pdfDownload